With the rapid development of the new energy vehicle industry, as the core power source, the physical structure safety of power batteries and the data security of the battery management system (BMS) are the keys to the safe operation of the entire vehicle. The illegal tampering and non-compliant operation of battery data for new energy vehicles may both lead to serious safety accidents. The case of battery unauthorized unlocking pronounced by the Jiading District People's Court of Shanghai clearly warns that privately tampering with the data of the battery management system not only poses a significant security hazard but also constitutes a criminal offense.

I. Case Update: Two auto repair workers were sentenced for illegally "unlocking" damaged batteries After a collision, the high-voltage system of a certain brand of new energy vehicle will automatically cut off to prevent short circuits and fires. It is necessary to complete the maintenance and inspection through the official designated process and confirm safety before it can be authorized to unlock. For profit, Da Liu and Xiao Liu, under the guise of low prices and speed, tampered with the data of the battery management system and illegally unlocked damaged batteries. After the brand discovered the behavior and reported it to the police, the judicial authorities tried the case and found that the two individuals had illegally modified the data of the car's computer information system. Eventually, they were legally determined to have committed a criminal offense and bear corresponding legal responsibilities. Ii. Technical Analysis: The Necessity of Battery "locking" after Collision and the Multiple Risks of "Unauthorized Unlocking" The battery safety design of new energy vehicles has formed a complete technical system, including core elements such as high-strength battery pack structure, thermal management technology, and intelligent control of BMS (Battery Management System). Power-off "locking" after a collision is a key link in this technical system, and its core objective is to minimize the risk of battery failure in the event of an accident. Unlocking a battery damaged by a collision without authorization will bring multiple irreversible safety hazards: After a collision, the battery pack may experience seal failure. Moisture and dust seeping in can cause an internal short circuit.

2. After a collision, the internal cells and structural components of the battery pack may undergo invisible deformation or damage to the naked eye. If used continuously, it may lead to serious consequences of thermal runaway.

3. If the BMS data is tampered with without authorization, core functions such as battery status monitoring and overcharge and overdischarge protection will fail, and the vehicle's operation will be in an uncontrollable dangerous state.

Iii. Relevant Policies and Regulations

(1) The legal circumstances of the crime of destroying computer information systems According to Article 286 of the Criminal Law of the People's Republic of China, the crime of destroying computer information systems includes three core circumstances: deleting, modifying, adding or interfering with the functions of computer information systems, causing the systems to fail to operate normally; Delete, modify or add operations to the data and applications stored, processed or transmitted in computer information systems. Intentionally creating and spreading destructive programs such as computer viruses to affect the normal operation of the system.

(2) Judicial criteria for determining "serious consequences" According to Article 4 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering the Security of Computer Information Systems", if the illegal gains exceed 5,000 yuan or the economic losses exceed 10,000 yuan, it is considered "serious consequences". In this case, the illegal gains of the two defendants have reached 5,000 yuan, meeting the criminal liability standard and they should bear corresponding criminal responsibilities according to law.

(3) Requirements for the connection with the "Regulations on the Three Guarantees for Automobiles" According to the "Regulations on the Responsibility for Repair, Replacement and Return of Household Automobile Products", illegally tampering with battery data is an non-compliant "modification and adjustment" behavior, which will directly trigger the exemption clause of the "three guarantees" responsibility. If the vehicle battery has safety problems in the future, it will not be able to enjoy the "three guarantees" rights and will have to bear the consequences such as repair, personal and property losses by itself. It is recommended that car owners strictly follow the vehicle's user manual and the manufacturer's guidelines, and choose the brand's official 4S store or professional maintenance outlets to handle vehicle issues. This not only ensures the quality of maintenance but also allows them to enjoy the three guarantees in accordance with the law. Saving for a momentary benefit may lead to even greater losses. Adhering to a set of norms will bring you peace of mind and security!